We can help you to make smoother child arrangements for a brighter future.
When the tough decision to separate with your partner has been made, the next focus becomes your relationship with your child or children. We all want what is best for our children, but what if you and your partner don’t share the same views on what is best? We can help you both to achieve long-term successful arrangements for your child or children whilst minimising the impact of the separation or divorce on them.
How can our solicitors help?
At Wallace Robinson & Morgan, our experienced family law solicitors are here to help you no matter what stage you are at in the child arrangements process. We ensure you the greatest chance of a successful outcome by gaining a thorough understanding of your situation and how it came to be, not only from a factual perspective but psychologically as well. We make it our mission to help you achieve the best possible outcome, with as little stress as possible for all those involved.
Our family law solicitors can offer legal advice on:
- Child Arrangements Orders, which set out where a child will live and when they will spend time with each parent.
- Specific Issues Orders, which determine a specific question, such as where a child should go to school.
- Prohibited Steps Orders, which prevent a parent from taking certain actions or making particular decisions without the approval of the court.
- Relocation Cases, where one parent wants to move to a different location with the child, either within the UK or abroad, and the other parent does not provide their consent
Why choose Wallace Robinson & Morgan?
At Wallace Robinson & Morgan, we know how important it is to approach these conversations with care and expertise. Whether it’s turning an agreed parenting plan into a legally binding order or guiding you through a court process to determine an outcome, we’re here to support and guide you every step of the way.
Here’s how our solicitors can help:
• Expert Guidance
Our experienced family law solicitors have detailed knowledge and understanding of the processes and options available. This means we can provide clear advice and ensure you feel confident and supported throughout the process.
• A Calm and Practical Approach
We focus on clear communication that is maintained throughout your case. We take a collaborative and constructive approach, aiming to make the process as smooth and stress-free as possible for you and your family. With our in-depth understanding of child arrangement laws in Birmingham, we focus on achieving the best possible outcome for your circumstances. Whilst most of our cases settle without the need to go to court, should a contested application be necessary, we will ensure your case is well presented.
• Tailored Solution
Every family is different, and we work with you to find solutions that suit your unique situation. Paramount consideration is given to the needs of the children and how their welfare will be best promoted.
Do we have to go to court?
No. If you can reach an agreement via another method, you may decide you do not need a court order. The court will only make an order if it considers it to be in the best interests of the child to do so. Alternative Dispute Resolution (ADR) Agreements can be reached outside of courts via a variety of methods including:
- Mediation
- Collaborative Law – we have team members trained in this method of working
- Negotiations through solicitor correspondence or meetings
- Direct discussions between the parties
- Private hearings known as Early Neutral Evaluation, which take place outside of the court system.
We can help you work out which method may fit best with your situation.
Frequently Asked Questions
Discover solutions to common questions about child arrangement laws. Our FAQs help you navigate parenting agreements with confidence. Contact us now for advice!
The “lives with” element of a child arrangements order will remain in place until the child concerned reaches the age of 18 but courts may be reluctant to enforce an order beyond the age of 16. The “spend time with” element of the order will remain in place until the child reaches the age of 16 unless the court specifies otherwise.
The Children Act 1989 contains a checklist of different factors the court must consider when deciding what order, if any, would be in the best interests of the child. One of the factors listed is the “ascertainable wishes and feelings of the child concerned (considered in the light of their age and understanding)”. The extent to which a child’s wishes and feelings will be influential will depend upon their age, ability to effectively articulate those views, and the issues being determined. The order will not necessarily follow the child’s view if it is considered that doing so would not be in their best interest.
No. The court will only make an order when it considers that having an order would be better for the child than making no order at all. This is referred to as the “no order principle”.
There is a general presumption that the involvement of both parents in a child’s life will best promote that child’s welfare. The exception to this is where there are safeguarding concerns that may mean the child’s welfare could be hindered rather than enhanced if they spend time with the parent. Sometimes, these concerns can be overcome by measures being put in place, such as supervision by a third party.
What to do next?
Kathryn Ferris
Kirsten Wagner
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